Relocating With Your Child
People are much more mobile nowadays than they were in past generations, and this is especially true when there has been a major life event – a job change, a death in the family, or after divorce. If you want to move away after your Nevada divorce is final, you can do so – but doing it with your children is somewhat more complex. Knowing the law surrounding family relocation is critical.
Different From Other States
Nevada law regarding relocation does not focus on in-state vs. out-of-state, but rather on distance. If someone lives in Las Vegas and moves to a town just over the Arizona state line, it will generally be more permissible than someone moving to Reno, for example, or someplace in the north of the state. The rationale is that the actual distance is what matters when attempting to maintain parenting time with one’s children, rather than state borders.
In order to move with one’s child or children, a parent must obtain either the consent of their co-parent, or the court if their co-parent declines to give consent. There are multiple factors that the court will consider before issuing a decision, including whether or not the relocation will improve the lives of both parent and child, the opportunity to maintain or appropriately adjust visitation, and the motives of both parents in making or refusing the relocation request. If the request is made frivolously, or if the co-parent refuses out of hand without evaluating the request, the court will levy consequences appropriately.
Can A Child Relocation Attorney Help You?
It can seem frustrating to have to ask permission before doing something as significant as moving, especially if a job opportunity may be on the line, but the state of Nevada puts the best interests of the children involved in divorced families as the first priority. If you have questions about how to handle a relocation request, calling a lawyer is a good first step, and the Kainen Law Group have been handling these cases for years. Contact our Las Vegas office today to schedule an appointment.